On Tuesday, the 7th Circuit Court of Appeals in Chicago ruled 8-3 that workplace discrimination on the basis of sexual orientation violates Title VII of the Civil Rights Act of 1964. While we respect the rights of individuals to work free of discrimination, we also respect the separation of power that holds our fragile government together.
Title VII of the 1964 Civil Rights Act states:
It shall be an unlawful employment practice for an employer-
(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin
In his concurring opinion, Judge Richard Posner noted, “We should not leave the impression that we are merely the obedient servants of the 88th Congress (1963– 1965), carrying out their wishes. We are not. We are taking advantage of what the last half century has taught.”
We find the notion that the Judiciary can reinterpret law based on evolving popular definitions to be flatly false and far overreaching. Regardless of where an individual may stand on the issues surrounding LGBTQ rights, it is a dangerous precedent to allow an unelected body of judges to reinterpret and write law. This type of judicial activism has been increasing in both frequency and scope, and is in direct violation of the Constitution, specifically Articles II and III. The fact of the matter is that the legislative branch is the only branch given the Constitutional authority to write or change law (Article II). If we allow such transgressions to continue to go unnoticed and uncorrected under the guise of “the greater good,” we are undermining the system that has allowed us to pursue the greater good in the first place. The Federalist Coalition is against judicial overreach in all its forms, and rejects this ruling by the 7th Circuit Court as unconstitutional.